Action on applications to export liquefied natural gas

(a) Definitions In this section: (1) Covered application The term covered application means an application submitted with respect to a covered facility for an authorization to export natural gas under section 3(a) of the Natural Gas Act (15 U.S.C. 717b(a)). (2) Covered facility The term covered facility means a liquefied natural gas export facility for which a proposal to site, construct, expand, or operate is required to be approved by— (A) the Secretary; and (B) (i) the Federal Energy Regulatory Commission; or (ii) the Maritime Administration. (3) Secretary The term Secretary means the Secretary of Energy. (b) Decision deadline The Secretary shall issue a final decision on a covered application not later than 45 days after the later of— (1) the date on which each review required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to the siting, construction, expansion, or operation of the covered facility that is the subject of the covered application is concluded in accordance with subsection (c); and (2) the date of enactment of this Act. (c) Conclusion of review For purposes of subsection (b), a review required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall be concluded on the date on which the lead agency, as applicable— (1) publishes a notice of availability of the final environmental impact statement, for a covered facility requiring an environmental impact statement; (2) publishes a notice of availability of the environmental assessment and associated finding of no significant impact, for a covered facility for which an environmental assessment has been prepared; or (3) determines that the covered application is eligible for a categorical exclusion pursuant to the implementing regulations of that Act. (d) Untimely final decision (1) In general If the Secretary fails to issue a final decision under subsection (b) by the applicable date required under that subsection, the covered application shall be considered approved, and the environmental review issued by the lead agency under subsection (c) shall be considered sufficient to satisfy all requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (2) Final agency action A determination under paragraph (1) shall be considered to be a final agency action. (e) Judicial review (1) In general Except for review in the Supreme Court of the United States, the court of appeals of the United States for the circuit in which a covered facility is, or will be, located pursuant to a covered application shall have original and exclusive jurisdiction over any civil action for the review of an order issued by the Secretary with respect to the covered application. (2) Expedited review The applicable United States Court of Appeals shall— (A) set any civil action brought under this subsection for expedited review; and (B) set the action on the docket as soon as practicable after the filing date of the initial pleading. (3) Transfer of existing actions In the case of a covered application for which a petition for review has been filed as of the date of enactment of this Act, the petition shall be— (A) on a motion by the applicant, transferred to the court of appeals of the United States in which the covered facility that is the subject of the covered application is, or will be, located; and (B) adjudicated in accordance with this subsection.